***** UNAPPROVED MINUTES *****

  JAMESTOWN ZONING BOARD OF REVIEW

  Minutes of the May 28, 1998 Meeting

A special meeting of the Jamestown Zoning Board of Review was held at the
Jamestown Town Hall, 93 Narragansett Avenue.
      The meeting was called to order by the Chairwoman at 7:05 p.m.  The
clerk called the roll and noted the following members present:

                          Catherine Finney, Chairwoman
                          Rolf Knudsen
                          Richard Allphin
                          Thomas Ginnerty
                          Dennis Grieco
                          Raymond Iannetta

Also present were:
  Jane Fitts, Stenographer
  Pat Westall, Zoning Clerk

Seated: Catherine, Rolf, Richard, Thomas, and Dennis.

MINUTES of April 28, 1998

A motion was made by Thomas Ginnerty and seconded by Rolf Knudsen to
accept the minutes of April 28, 1998 amended to add "Rolf Knudsen" to item
#3, New Business #1 under restrictions add "is forever abandoned", and
findings of fact #3 add "will".

The motion to accept as amended carried by a vote of 5 - 0.

CORRESPONDENCE

RI D.E.M. preliminary determination re: Plat 2, Lot 177.

OLD BUSINESS                

Hammett Court       &    Webster appeal  (New Business)

A motion was made by Richard Allphin and seconded by Thomas Ginnerty to
continue the Special Use Permit application of Hammett Court Properties
and the appeal of Mary Webster to the June 23, 1998 meeting at the request
of the attorneys for the applicants.

The motion carried by a vote of 5 - 0.

NEW BUSINESS

Seated: Richard, Rolf, Thomas, Dennis, and Raymond.

Kurz

A motion was made by Thomas Ginnerty and seconded by Richard Allphin to
grant the request of H.F. Kurz & Gloria Scott Kurz, whose property is
located at 24 Orient Ave., and further identified as Tax Assessor's Plat
2, Lot 28 for a variance from Article 3, Table 3-2 (District Dimensional
Regulations) to construct an addition that is 15 feet from the front lot
line instead of the required 40 feet and 14 feet 3 inches from the north
side lot line instead of the required 30 feet.  

This Board has determined that this application does satisfy the
requirements of Article 6, Section 606, Paragraphs 1 through 4, and
Section 607, Paragraph 2.  

This motion is based on the following findings of fact:

1. Said property is located in an RR80 zone and contains 1.01 acres.

2. That the applicant has made every reasonable effort to preserve the
historical character of the property which was part of Camp Seaside.

3. That the location of the structure on the lot makes alternative design
considerations inconvenient and impractical.

4. There were no objections raised to the application.

The motion carried by a vote of 5 - 0.

Seated: Catherine, Richard, Rolf, Thomas, and Dennis.

Vigneault

A motion was made by Richard Allphin and seconded by Thomas Ginnerty to
grant the request of Roland L. and  Martha M. Vigneault, whose property is
located at the corner of East Shore Road and Clinton Street, and further
identified as Tax Assessor's Plat 1, Lot 74 for a variance from Article 3,
Table 3-2 (District Dimensional Regulations) to construct a single family
house which will be 24 feet from Clinton Street wherein 40 feet is
required and 24 feet from the southerly lot line wherein 30 feet is
required.  
This Board has determined that this application does satisfy the
requirements of Article 6, Section 606, Paragraphs 1 through 4, and
section 607, Paragraph 2.

This variance is granted with the restriction that no changes be made to
Clinton Street that would prevent if from being used as a road to other
properties in the future.

This motion is based on the following findings of fact:

1. Said property is located in a RR80 zone and contains one acre.

2. The lot is 100' wide and 450' long.  The setback relief asked for is
the least needed to construct the proposed 4 bedroom house.

3. No one spoke against this variance request.

The motion carried by a vote of 5 - 0.

Carlisle

A motion was made by Dennis Grieco and seconded by Thomas Ginnerty to
grant the request of Clayton Carlisle, whose property is located at West
Passage Drive, and further identified as Tax Assessor's Plat 8, Lot 863
for a variance from Article 3, Table 3-2 (District Dimensional
Regulations) to construct a single family home which will be 20' from the
easterly lot line wherein 30' is required.   
This Board has determined that this application does satisfy the
requirements of Article 6, Section 606, Paragraphs 1 through 4, and
Section 607, Paragraph 2.

This motion is based on the following findings of fact:

1. Said property is located in a R40 zone and contains 51,177 sq. ft.

2. The encroaching portion of the structure is approximately 90' from the
setback and more than 90' from the house on lot 670, the property abutting
to the east.
      Moving the structure towards the western setback would still require
a 5' variance on the east.

3. Building the encroaching garage close to the house would negatively
impact the ingress and egress to the house and garage.
Thus, denial of the petition would result in more than a mere
inconvenience for the applicant.

4. The Hellers' objections were primarily based on their belief that the
proposed garage would inhibit their view of the water and decrease their
privacy.
      However, their view can equally or more significantly be diminished
if the garage were placed within the setback.
      The garage has no windows on the eastern side.
      Due to the 90 ' distance between the proposed structure and the
Heller's residence, the 10' encroachment will have little or no impact on
the parties privacy.

5. Separating the applicant's and the Heller's property is Perry Street,
an undeveloped paper road, that is 50' in width.
      All properties abutting Perry Street have access on other developed
streets.
      Thus, it is unlikely that Perry Street would be developed and will
continue to provide a buffer between the properties.

6. If not for Perry Street, the applicant would not be subject to the 30'
corner setback on the eastern boundary and would only be subject to a 20'
side setback which would be met for this structure.

A motion was made by Thomas Ginnerty and seconded by Richard Allphin to
amend the motion to add a restriction that there be no storage immediately
between the garage and the Heller property.

The motion to amend did not carry by a vote of 3 - 2.

Thomas and Richard voted for the motion to amend.

Catherine, Rolf, and Dennis voted against the motion to amend.  

The original motion carried by a vote of 4 - 1.

Thomas Ginnerty voted against the original motion.
 
Held

A motion was made by Rolf Knudsen and seconded by Thomas Ginnerty to grant
the request of Virginia P. Held & Julia K. Held trustee, whose property is
located at 14 Westwind Road, and further identified as Tax Assessor's Plat
9, Lot 402 for a variance from Article 3, Table 3-2 (District Dimensional
Regulations) to relocate an accessory building which will be 12' from the
front lot line instead of the required 30' and 3' from the northerly lot
line instead of the required 10'.

This Board has determined that this application does satisfy the
requirements of Article 6, Section 606, Paragraphs 1 through 4, and
Section 607, Paragraph 2.

This motion is based on the following findings of fact:

1.  Said property is located in a R20 zone and contains 20,397 sq. ft.

2. The building in question must be moved from an easement area per the
deed of easement/easement agreement.

3. The proposed location of the building is reasonable because of the
location of other buildings and large trees.

4. Placing the building to the west on the property would move it closer
to the bay and may be restricted by C.R.M.C.

The motion carried by a vote of 5 - 0.

Seated: Catherine, Rolf, Thomas, Dennis, and Raymond.

Brakenhoff

A motion was made by Raymond Ianetta and seconded by Dennis Grieco to
grant the request of Bruce Brakenhoff, whose property is located at 816
East Shore Rd., and further identified as Tax Assessor's Plat 2, Lot 92
for a variance from Article 3, Table 3-2 (District Dimensional
Regulations) to construct a garage which will be 12' from the southerly
property line instead of the required 20'. 

This Board has determined that this application does satisfy the
requirements of Article 6, Section 606, Paragraphs 1 through 4, and
Section 607, Paragraph 2.

This motion is based on the following findings of fact:

Brakenhoff cont.

1. Said property is located in a RR80 zone and contains 51,000 sq. ft.

2. The proposed location affords the property owners the ability to turn
around in an existing driveway without backing into East Shore Road.

3. The size of the lot and location of the existing home, well, and
driveway and topography to the north would probably require a variance for
any other location.

4. The location of the proposed garage and variance requested is the least
required without placing an undue hardship upon the property owner.

5. One abutting property owner spoke in favor of the variance and one
spoke against.

The motion carried by a vote of 4 - 1.

Thomas Ginnerty voted against the motion.

Complaint
 
A motion was made by Thomas Ginnerty and seconded by Rolf Knudsen to
continue the complaint of Mary Webster vs. J. Zoning Board to the June 23,
1998 meeting because there was no solicitor at this meeting.  

The motion carried by a vote of 5 - 0. 

ADJOURNMENT

A motion was made by Thomas Ginnerty and seconded by Rolf Knudsen  to
adjourn at 9:43 p.m.

The motion carried unanimously.